DWI Lawyer in Bentonville
Former Prosecutors Defending DWI Charges Across Benton County
A DWI charge in Arkansas moves fast, and the decisions you make in the first days after an arrest can shape everything that follows. At Nelson & Marks PLLC, our attorneys have worked on both sides of these cases as prosecutors and as defense counsel, giving us direct knowledge of how the state builds its DWI cases and where those cases can be challenged. That experience informs every defense strategy we develop.
We’ve represented clients in Bentonville and throughout Northwest Arkansas on DWI charges for over 12 years. When you retain our firm, you work directly with Jonathon Nelson or Thomas Marks from the first call through trial, not a junior associate or delegated staff member. Our attorneys are known to local prosecutors and judges throughout Benton County, and free consultations are available.
Call (479) 202-4541 today to schedule a free consultation with a Bentonville DWI lawyer at Nelson & Marks PLLC.
Can You Refuse a Breathalyzer Test in Arkansas?
You can refuse, but refusal has consequences. Arkansas’s implied consent law holds that by driving on state roads, you’ve consented to submit to a breath, blood, or urine test if lawfully requested. Refusing that test is a separate violation called “Refusal to Submit to a Chemical Test” and carries its own license suspension.
That said, the results of a portable breathalyzer administered roadside aren’t admissible in court due to the technology’s inherent unreliability. An officer can’t physically compel you to take a chemical test without a judge-issued search warrant, but the decision to refuse isn’t straightforward. The right answer depends on your specific circumstances, particularly the license suspension consequences that flow from each option. This is exactly the kind of decision our attorneys can help you think through.
DUI vs. DWI in Arkansas: What You Need to Know
Arkansas uses two distinct charges depending on the driver’s age and BAC. DWI applies to drivers 21 and older with a BAC of 0.08% or higher under Ark. Code § 5-65-103. DUI applies to drivers under 21 with a BAC between 0.02% and 0.08% under Ark. Code § 5-65-303 and is a strict liability offense. No proof of impairment is required beyond the BAC threshold. A driver under 21 with a BAC of 0.08% or higher can be charged under the adult DWI statute.
Arkansas law prohibits plea bargaining or reducing impaired driving charges. That restriction makes the strength of your defense critical from the outset. A charge that can’t be negotiated down must be challenged on its merits, which is why retaining a DWI defense attorney as early as possible matters.
When Does a DWI Become a Felony in Arkansas?
Under Ark. Code § 5-65-111, a fourth or subsequent DWI conviction within a 10-year lookback period triggers a felony charge. A felony DWI conviction carries a four-year license revocation with no restricted license available and the possibility of years in prison. The stakes at this level make an aggressive, experienced defense important.
DWI Defense Strategies We Pursue
A DWI charge isn’t an automatic conviction. Several legal arguments may apply depending on the facts of your case, and we investigate all of them.
Defense strategies in DWI cases can include:
- Traffic stop validity: If the arresting officer lacked reasonable suspicion to initiate the stop, suppression of all evidence gathered during that stop may be available.
- Breathalyzer reliability: Devices must be properly calibrated and maintained. Malfunctioning or improperly operated equipment can produce false readings that are challengeable in court.
- Field sobriety test administration: These tests must follow standardized NHTSA protocols. Deviations from those protocols can undermine the reliability of the results.
- Medical conditions: Certain conditions can mimic signs of intoxication or affect chemical test results, providing grounds to contest a BAC reading.
- Miranda rights violations: If law enforcement failed to advise you of your rights before custodial questioning, statements made during that questioning may be inadmissible.
- Independent chemical test: Arkansas law entitles a DWI suspect to request an independent chemical test at their own expense. Law enforcement must assist in obtaining it and reimburse the cost if you’re found not guilty.
What Happens When We Take Your Case
When you retain Nelson & Marks PLLC, we move immediately. We collect video evidence, investigate the validity of the traffic stop, verify the current status of your license, and pursue avenues that may support charge reduction or dismissal. Our prosecutorial background tells us what the state may look for and where its case may be vulnerable.
Clients have direct access to Jonathon Nelson and Thomas Marks. We provide direct contact information so you can reach us when questions come up, and cases aren’t handed off to junior staff. Our attorneys have built professional relationships with prosecutors and judges throughout Benton County over more than a decade of practice, and that familiarity with the local legal landscape can benefit every client we represent.
Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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Charges Dismissed Aggravated Assault and Terroristic Threatening -
Not Guilty Carrying a Prohibited Weapon
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Not guilty On All Charges After a Trial Charges: Possession of a Controlled Substance and Possession of Drug Paraphernalia.
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Not Guilty After a Trial Contempt of Court
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Dismissed Domestic Assault Third Degree
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Dismissed Domestic Battery
Arkansas DWI Penalties by Offense
The penalties for a DWI conviction in Arkansas escalate with each offense and include criminal consequences, license suspension or revocation, and mandatory minimum jail time when a passenger under 16 was in the vehicle.
First, Second & Third Offense Penalties
First offense (misdemeanor): 24 hours to 1 year in jail; $150 to $1,000 in fines plus at least $300 in court costs; 6-month driver’s license suspension. If a passenger under 16 was in the vehicle, a minimum of 7 days in jail applies. A judge may order community service in lieu of jail and must state good cause on the record.
Second offense within 5 years (misdemeanor): 7 days to 1 year in jail; $400 to $3,000 in fines plus at least $300 in court costs; 24-month driver’s license suspension. If a passenger under 16 was in the vehicle, a minimum of 30 days in jail applies. A judge may order community service in lieu of jail.
Third offense within 5 years (misdemeanor): 90 days to 1 year in jail; $900 to $5,000 in fines plus at least $300 in court costs; 30-month driver’s license suspension. If a passenger under 16 was in the vehicle, a minimum of 120 days in jail applies. A judge may order a minimum of 90 days of community service in lieu of jail.
A restricted ignition interlock license may be available for first and second misdemeanor DWI offenses to allow limited driving during the suspension period. It isn’t available for the first 45 days of a third-offense suspension.
Fourth & Fifth Offense Penalties
Fourth offense (felony): 1 to 6 years in prison; $900 to $5,000 in fines; 4-year driver’s license revocation with no restricted license available. Community service isn’t available as an alternative to imprisonment for a felony DWI.
Fifth offense (felony): 2 to 10 years in prison; $900 to $5,000 in fines. Community service isn’t available as an alternative to imprisonment for a felony DWI.
You’ll also face tougher penalties if your DWI led to severe injuries or death, including aggravated DWI charges. A DWI resulting in the death of another person may be charged as negligent homicide, a Class B felony carrying 5 to 20 years in prison and up to $15,000 in fines.
The 7-Day Deadline You Can’t Afford to Miss
Arkansas law gives you 7 days from the date of arrest to request an administrative hearing to contest your driver’s license suspension. Missing that deadline results in automatic suspension. After your arrest, the officer may immediately seize your license and issue a 30-day temporary permit. The full suspension takes effect after those 30 days if no hearing has been requested.
Reinstating a suspended license after a DWI conviction requires completing a state-sanctioned drug and alcohol education program, attending a Victim Impact Panel class, installing an ignition interlock device for a period equal to the suspension length, and paying a $150 reinstatement fee to Driver Control.
The criminal penalties are only part of the picture. A DWI conviction typically causes significant auto insurance premium increases, as insurers classify convicted drivers as high risk. Arkansas courts may also require SR-22 filing, a certificate from your insurer confirming you carry at least the minimum required coverage. Elevated rates can persist for three to five years. A conviction can also complicate employment background checks and may affect eligibility for certain professional licenses or positions requiring a clean driving record.
Why Clients in Benton County Choose Nelson & Marks PLLC
Our prosecutorial background gives us insight into how the state builds its DWI cases, and we use that knowledge to challenge the evidence against you at every stage. Clients work directly with Jonathon Nelson and Thomas Marks, not delegated staff, and we stay in consistent communication throughout the process so you know where your case stands.
- We know Arkansas DWI law from both sides of the courtroom.
- We investigate your case immediately: video evidence, stop validity, license status, and available defense strategies.
- We keep you informed about both the short- and long-term consequences of decisions you face.
- Direct contact information means you can reach us when questions come up, not just at scheduled appointments.
Frequently Asked Questions
What Should I Do Immediately After a DWI Arrest in Arkansas?
Stay calm and respectful with officers. As soon as you’re released, document the timeline and every interaction with law enforcement while the details are fresh. Contact a DWI defense attorney promptly, and don’t make statements about the incident without counsel present. Acting quickly also matters because of the 7-day window to request an administrative hearing to contest your license suspension.
Can a Breathalyzer Test Result Be Challenged in Court?
Yes. Breathalyzer devices must be properly calibrated and operated according to protocol. Improper maintenance, officer error, or equipment malfunction can all provide grounds to challenge a reading. Our attorneys review calibration records and officer certification as part of every DWI defense.
What Is an SR-22 and Will I Need One After a DWI in Arkansas?
An SR-22 is a certificate filed by your insurer confirming you carry at least the minimum required auto insurance. Arkansas courts may require it following a DWI conviction. The filing fee itself is modest, but the underlying insurance rate increases it signals can add up significantly over the three to five years the requirement typically stays in place.
Can a Misdemeanor DWI Conviction in Arkansas Be Expunged?
A first, second, or third offense misdemeanor DWI conviction may be eligible for expungement or record sealing after completing the sentence under Arkansas law. Because eligibility requirements and waiting periods have shifted with recent legislation, the applicable timeframe depends on your conviction date and circumstances. Our attorneys can review your record and advise whether expungement may be an option for you.
Call (479) 202-4541 or contact Nelson & Marks PLLC online to speak with a Bentonville DWI attorney about your case. We’re ready to answer your questions and put our experience to work for you.
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24/7 Access
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Excellent Local Reputation
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Flexible Payment Plans
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Former Prosecutors
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Personal Access and Care
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Client-Rated 5 Stars
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Genuine Compassion and Support
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Skilled & Seasoned Trial Attorney
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